Supreme Court to Take Up LGBT Job Discrimination Cases

April 22, 2019 by Dan McCue

The U.S. Supreme Court agreed Monday to take up the question of whether provisions of the federal Civil Rights Act of 1964 prohibiting employment discrimination applies to LGBT individuals.

The justices said they would hear Bostock v. Clayton County, Georgia, which has been consolidated with Altitude Express Inc. v. Zarda, cases involving individuals who claim they were fired because of their sexual orientation.

The Georgia case involves a discrimination claim filed by an employee of Clayton County, a suburb of Atlanta. The consolidated case, Altitude Express, involved a gay skydiving instructor who claims he was fired because of his sexual orientation.

The justices also said they would hear R.G. & G.R. Harris Funeral Homes v. EEOC, a case from Michigan involving a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman.

The funeral home argues in part that Congress was not thinking about transgender people when it included sex discrimination in Title VII.

The cases will be argued during the high court’s fall term, with decisions likely to be handed down in June 2020, just as Democrats and Republicans are preparing for their presidential nominating conventions.

In addition to becoming a hot button issue in the presidential campaign, the cases will likely be seen as a litmus test for the court, which has theoretically grown more conservative since President Donald Trump successfully appointed two justices: Neil Gorsuch and Brett Kavanaugh.

Title VII of the Civil Rights Act does not specifically mention sexual orientation or transgender status. However, a series of recent rulings have said it does apply to members of the LGBT community.

Federal appeals courts in New York (the Second Circuit) and Chicago (the Seventh Circuit) have ruled that gay and lesbian employees are entitled to protection from workplace discrimination.

Meanwhile, the federal appeals court in Cincinnati (the Sixth Circuit) has extended similar protections for transgender people.

The Trump administration has argued Title VII was not intended to provide protections to gay and transgender individuals in the workplace.

Separately, the White House has withdrawn an Obama-era guidance to treat claims of transgender students as sex discrimination.

As is their custom, the justices did not say why they took up the cases.

 

Supreme Court

Nadler Demands Records From Kavanaugh’s White House Tenure Political News
Nadler Demands Records From Kavanaugh’s White House Tenure

House Judiciary Chairman Jerry Nadler demanded a trove of records Tuesday from Brett Kavanaugh’s tenure in the George W. Bush administration that Trump critics suspect could contain damaging and even incriminating information about the Supreme Court justice. Nadler, who pledged in October 2018 that he would... Read More

High Court Weighs Second Amendment Showdown After Mass Shootings Supreme Court
High Court Weighs Second Amendment Showdown After Mass Shootings

WASHINGTON — As mass shootings revive the U.S. debate over gun policy, the Supreme Court is weighing whether to go forward with a Second Amendment showdown for the first time in a decade. The justices in January said they would hear a challenge to New York... Read More

Ruling Will ‘Really Accelerate’ Wall Progress, DHS Chief Says Supreme Court
Ruling Will ‘Really Accelerate’ Wall Progress, DHS Chief Says

WASHINGTON — The ruling that cleared Donald Trump’s administration to start using disputed Pentagon funds for fencing on the U.S.-Mexico border will “really accelerate” progress on the president’s wall project, the top Department of Homeland Security official said. Meanwhile, segments that have already been built are... Read More

Justice Stevens Returns to Supreme Court for Final Time Supreme Court
Justice Stevens Returns to Supreme Court for Final Time
July 22, 2019
by Dan McCue

WASHINGTON -- Retired Justice John Paul Stevens returned to the U.S. Supreme Court one last time on Monday, his casket carried into the court's Great Hall passed as scores of his former clerks and family looked on. Stevens, who retired from the court in 2010, died... Read More

Retired Supreme Court Justice John Paul Stevens Dead at 99 Supreme Court
Retired Supreme Court Justice John Paul Stevens Dead at 99

WASHINGTON — Retired Supreme Court Justice John Paul Stevens, the independent-minded jurist whose bright bow ties and courteous manner symbolized an old-fashioned style of integrity, died Tuesday. He was 99. Although he joined the court as a centrist Republican, he emerged in his later years as... Read More

On an Often Unpredictable Supreme Court, Justice Gorsuch Is the Latest Wild Card Supreme Court
On an Often Unpredictable Supreme Court, Justice Gorsuch Is the Latest Wild Card

WASHINGTON — Justice Neil M. Gorsuch, President Donald Trump’s first appointee to the Supreme Court, is proving to be a different kind of conservative. He is a libertarian who is quick to oppose unchecked government power, even in the hands of prosecutors or the police. And... Read More

Straight From The Well
scroll top